2007 ORS 36.615¹
Application for judicial relief
  • fees

(1)(a) Except as otherwise provided in ORS 36.730 (Appeals), an application for judicial relief under ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) must be made by petition to the court. Except as otherwise provided in this subsection, a person filing the first petition relating to an agreement to arbitrate or relating to an arbitration proceeding must pay the filing fee provided by ORS 21.110 (Filing and appearance fees in circuit court) (1) for plaintiffs, and persons responding to the petition must pay the filing fee provided by ORS 21.110 (Filing and appearance fees in circuit court) (1) for defendants. If subsequent petitions are filed relating to the same agreement to arbitrate or arbitration proceeding, no additional filing fees shall be required of the parties.

(b) If the first petition relating to an arbitration proceeding is a petition to seek confirmation, vacation, modification or correction of an award under ORS 36.700 (Confirmation of award), 36.705 (Vacating award) or 36.710 (Modification or correction of award), the person filing the petition must pay a fee of $39, and a person filing an appearance in opposition to the petition must pay a filing fee of $39.

(c) If a civil action is pending relating to the same dispute that is the subject of the arbitration, and filing fees were paid for that action under ORS 21.110 (Filing and appearance fees in circuit court), filing fees may not be charged under this subsection for the filing of any petition under ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act).

(2) Unless a civil action involving the agreement to arbitrate is pending, notice of a first petition to the court under ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act), must be served in the manner provided by ORCP 7 D. Otherwise, notice of the petition must be given in the manner provided by ORCP 9. [2003 c.598 §5; 2003 c.737 §§40a,40c; 2005 c.702 §§45,46,47; 2007 c.860 §6]

Note: Section 15 (14), chapter 860, Oregon Laws 2007, provides:

Sec. 15. (14) In addition to the fee provided for in ORS 36.615 (Application for judicial relief) (1)(b), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk of the circuit court shall collect a surcharge of $2 upon the filing of a petition to seek confirmation, vacation, modification or correction of an award under ORS 36.700 (Confirmation of award), 36.705 (Vacating award) or 36.710 (Modification or correction of award), and a surcharge of $1 from a person filing an appearance in opposition to the petition. [2007 c.860 §15(14)]

Note: See notes under 36.600 (Definitions).

Notes of Decisions

Uniform Arbitra­tion Act applies to ac­tions filed on or after January 1, 2004, re­gard­ing agree­ment to arbitrate, regardless of date of agree­ment. Martin v. Comcast of California, 209 Or App 82, 146 P3d 380 (2006)

1 Legislative Counsel Committee, CHAPTER 36—Mediation and Arbitration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­036.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 36, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­036ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.